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Home My WebLink AboutAnalysis & Maps�Ii Olt =t City of Miami Planning and Zoning Department Division of Land Development ANALYSIS FOR REZONING irAA:12lral•1Vr.Wx1Gi1] Applicant(s): Alan I. Amdur, individually as the Attorney -in -Fact for the owners of the properties described herein and as Manager of Riverwest Miami, LLC, a Delaware limited liability company, the contract purchaser of the properties described. Location: Approximately 824, 826, 834, 842, 852, 860, 868, and 876 NW 1 Street, 36, and 40 NW 8 Avenue, and 29 NW 9 Avenue, Miami, FL 33128 Commission District District 3 — Commissioner Frank Carollo Net District Office: Little Havana NET PLANNER: Sergio Garrido A. GENERAL INFORMATION AND REQUEST: APPLICANT: The Applicant is the contract purchaser and otherwise serves as the duly authorized representative of the Subject Properties pursuant to the Power of Attorney affidavits provided as part of the application. CURRENT OWNERS: The current owner identified as part of the application are: Pedro M. Yanez Trust, The Pedro Yanez Irrevocable Family Trust, David Yanez Trust, Oralando Horta, Orlando Santo, Fausto E. Fernandez. Charles Bahry, Alina Alfonso, Rolando Matos, and John Louis Diaz, the owners. REQUEST FOR REZONING: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a rezoning for eleven (11) parcels zoned T4 -R "General Urban Transect Zone -Restricted" and T6-8-0 Urban Core Transect Zone -Open to T5-0 "Urban Center Transect Zone -Open" and T6-12-0 Urban Core Transect Zone -Open as depicted in "Table 1: FLUM amendment and Rezoning request". ADDITIONAL REQUEST: The Applicant is requesting a waiver of the successive zoning provisions of Miami 21, including an 18 -month, waiting period, in order to accommodate a single uniform zoning classification for the entire City block to T6-12-0. Even though the applicant expressed the intent to request the necessary zoning changes to turn the whole block into a uniform T6-12-0 zoning classification, the whole block is not in control of the applicant. COMPANION ITEM: This requests has PZAB File ID No. 2729 as companion item requesting Future Land Use Map (FLUM) amendment for the properties specified therein, and depicted in "Table 1: FLUM amendment and Rezoning request". City of Miami Planning and Zoning Department Division of Land Development It is to note that the requested T5-0 zoning classification requires for a FLUM amendment from Medium Density Multifamily Residential to "Medium Density Restricted Commercial". Table 1: FLUM amendment and Rezoning request # Folio Address Area FLUM Zoning designation Sq ft ± Acre Current Request Current Proposed 1 0141380033040 40 NW 8 Ave 4,500 0.10 Restricted Commercial T6-8-0 T-6-12-0 2 0141380033050 36 NW 8 Ave 5,000 0.11 Sub -Total 9,500 0.21 3 0141380033070 824 NW 1 St 7,500 0.17 Medium Multifamily Residential Medium Density Restricted Commercial T -4-R T5-0 4 0141380033080 826 NW 1 St 7,500 0.17 5 0141380033090 834 NW 1 St 7,500 0.17 6 0141380033100 842 NW 1 St 7,500 0.17 7 0141380033110 852 NW 1 St 7,500Density 0.17 8 0141380033120 860 NW 1 St 7,500 0.17 9 0141380033130 868 NW 1 St 5,000 0.11 10 0141380033140 29 NW 9 Ave 5,000 0.11 11 0141380033150 1 876 NW 1 St 5,000 0.11 Sub -Total 60,000 1.38 Total 69,500 1.59 The Applicant's request for rezoning qualifies pursuant to Sec. 7.1.2.8(c) for involving at least forty thousand (40,000) square feet of land area, and for having at least two hundred (200) feet of street Frontage on one (1) street. SUBJECT PROPERTIES: The subject properties are located within the Little Havana NET area, and form the northern row of parcels fronting of the city block bounded by NW 1St Avenue to the north, by NW 8th Avenue to the east, by W Flagler Street to the south, and by NW 91h Avenue to the west. The subject properties are comprised of eleven (11) parcels. Nine of them facing NW 1 st Street, and the other two are interior parcels located to the east and west facing NW 8th Avenue, and NW 9th Avenue, respectively. Complete legal description is on file with the Hearing Boards Section, and also attached hereby for reference as Exhibit A. Illustration 1 shows the subject properties in context of the city block where they are located. File ID#:2730 Page 2 of 10 City of Miami Planning and Zoning Department Division of Land Development Illustration 1: Subject properties It is to note that the applicant also is in control of the parcels located south to the subject properties, facing W Flagler Street, as it is shown in Illustration 2: Illustration 2: Properties in control of the applicant File ID#:2730 Page 3 of 10 City of Miami Planning and Zoning Department Division of Land Development Illustrations 3 and 4 show the current zoning designation and the change requested. Illustration 3: Current zoning designation I T4 -R T6-8-0 s T6 -8-R z rr, T6-12-0 rs tz� Illustration 3: Proposed zoning designation •642-^ I T4 -R T6-8-0 rs-1z-a T5-0 T6 -8-R T T6-12-0 File ID#:2730 Page 4 of 10 City of Miami Planning and Zoning Department Division of Land Development B. COMPREHENSIVE PLAN: FUTURE LAND USE MAP (FLUM) DESIGNATION: The subject properties proposed to be rezoned from T6-8-0 to T6-12-0, has Future Land Use designation of Restricted Commercial, which is consistent with the existing and the proposed zoning classification. Therefore no amendment is required for the request considered in this staff report. The subject properties proposed to be rezoned from T4 -R to T5-0, has Future Land Use designation of Medium Density Multifamily Residential, which is consistent with the existing and the zoning classification. The proposed zoning classification requires an amendment to Medium Density Restricted Commercial', and the companion item identified with the PZAB File ID: 2729 is the application of the required FLUM amendment. Illustration 4: Current Future Land Use Map (FLUM) designation. Neighborhood Characteristics Medium Density Multifamily Residential Restricted Commercial C. BACKGROUND: High Density Multifamily Residential Under zoning ordinance 11000 the subject properties were zoned R-3 "Multifamily -Family Residential", and C-1 "Restricted Commercial" subsequently. On April 2010, upon adoption of Miami 21 Code, the subject properties were rezoned to T4 -R "General -Urban Transect Zone" and T6-8-0 "Urban Core" Transect Zone respectively. Miami Comprehensive Neighborhood Plan, amended October 22, 2015, Correspondence Table File ID#:2730 Page 5 of 10 City of Miami Planning and Zoning Department Division of Land Development D. ANALYSIS: REQUEST TO REZONE T4 -R TO T5 -0 -USES: In regards to the uses allowed, "Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code" shows the wide array of new uses that T5-0 allows, which the current zoning classification of T4 -R prohibits. In addition, the density will increase from 36 to 65 DU/acre. Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code DENSITY UNITS PER ACRE 36 RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK R R R R R R R R R R R LODGING BED & BREAKFAST W R INN 4 R HOTEL 4 R OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY 4 W RECREATIONAL FACILITY E 4 R RELIGIOUS FACILITY I I E 41 R File ID#:2730 Page 6 of 10 City of Miami Planning and Zoning Department Division of Land Development Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont...) DENSITY (UNITS PER ACRE) 36 65• CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE / UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL REQUEST TO REZONE T6-8-0 TO T6-12-0: In regards to this request, there is no new uses involved, however the impact will be given by the Floor Lot Ratio (FLR) and Public Benefit Program bonuses allowed: T6-8 � a. Lot Area E W W W E W - 1-8 Stories W E W REQUEST TO REZONE T6-8-0 TO T6-12-0: In regards to this request, there is no new uses involved, however the impact will be given by the Floor Lot Ratio (FLR) and Public Benefit Program bonuses allowed: T6-8 I T6-12 a. Lot Area E W b. Lot Width W E W - 1-8 Stories R E W E R 8 / 30% Addt'I Pub. Benefit R 22,800 sq.ft W REQUEST TO REZONE T6-8-0 TO T6-12-0: In regards to this request, there is no new uses involved, however the impact will be given by the Floor Lot Ratio (FLR) and Public Benefit Program bonuses allowed: ANALYSIS: The requested rezoning would provide, for the 9,500 s.f., to increase the development capacity from 59,375 s.f. to 98,800 s.f., which represent a hundred and sixty six percent (166%) increase of development capacity, as follow: Lot Area Lot Coverage Multiplier Addt'I Publ. Benefit Total FLR allowed T6-8 I T6-12 a. Lot Area 5,000 s.f. min.; 40,000 s.f. max. 1 5,000 s.f. min.; 70,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage 7,600 sq.ft - 1-8 Stories 80% max. - Above 8th Story 15,000 sq. ft. max. Floorplate for Residential & Lodging 30,000 sq. ft. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 5 / 25% Addt'I Pub. Benefit 8 / 30% Addt'I Pub. Benefit ANALYSIS: The requested rezoning would provide, for the 9,500 s.f., to increase the development capacity from 59,375 s.f. to 98,800 s.f., which represent a hundred and sixty six percent (166%) increase of development capacity, as follow: Lot Area Lot Coverage Multiplier Addt'I Publ. Benefit Total FLR allowed File ID#:2730 Page 7 of 10 T6-8 T6-12 9,500 sq.ft 80% 7,600 sq.ft 7,600 sq.ft 80% Lot Coverage 5 47,500 sq.ft 76,000 sq.ft 8 Multiplier 25% 11,875 sq.ft 22,800 sq.ft 30% Addt'I Publ. Benefit 59,375 sq.ft 98,800 sq.ft Total FLR allowed File ID#:2730 Page 7 of 10 City of Miami Planning and Zoning Department Division of Land Development The requested rezoning of T6-8-0 will increase the area's development capacity by 166%. The request will leave the single parcel of the block, not control of the applicant, creating an island, gripped and suffocated by the intensity of T6-12-0. It is also important to note that along NW 81" Avenue from NW 41" Street to three parcels beyond NW 1St Street exists T6-8-0 on both sides of the Avenue. The rezone of the subject parcel will create a non-contiguous intrusion of T6-12-0 into the contiguous T6-8-0 Transect Zone. FINDING: The request for rezoning is inconsistent with the principle of transitional zoning provided by Miami 21 Code. The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria #1: Zoning changes may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in density, and building heights. Analysis #1: The rezoning requests from T4 -R to T5-0 is considered successional to the next higher Transect Zone, and the request from T6-8-0 to T-6-12-0 is considered within the same Transect Zone to a greater intensity Finding #1: The requests comply with the Code requirement to apply for a rezoning. Criteria #2: Pursuant to Miami 21 Code, Sec. 7.1.2.8 (c) (1): Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. Analysis #2: The application for the proposed rezoning complies with two of the lot size criteria for rezoning required by Miami 21 Code. The request involves more than forty thousand (40,000) square feet of land area and provides for more than two hundred (200) feet of street Frontage on one (1) street. Finding #2: The rezoning requests as presented comply with the Code requirement to apply for a rezoning. File ID#:2730 Page 8 of 10 City of Miami Planning and Zoning Department Division of Land Development Criteria #3: T6-12-0 request: Density, intensity and Uses, impact on surrounding areas. Analysis #3: As shown in the tables provided in "Request to rezone T6-8-0 to T6-12-0" above, the requested rezoning of T6-8-0 will increase the area's development capacity by 166%. The request will leave the single parcel of the block, not control of the applicant, creating an island, gripped and suffocated by the intensity of T6-12-0. It is also important to note that along NW 8th Avenue from NW 4th Street to three parcels beyond NW 1st Street exists T6-8-0 on both sides of the Avenue. The rezone of the subject parcel will create a non-contiguous intrusion of T6-12-0 into the contiguous T6-8-0 Transect Zone. Finding #3: This request for rezoning from T6-8-0 to T6-12-0 is inconsistent with the principle of transitional zoning provided by Miami 21 Code. Criteria #4: T5-0 request: Density, intensity and Uses, impact on surrounding areas. Analysis #4: As shown in the tables provided in "Request to rezone T4 -R to T5 -0 -Uses" above, the request will introduce a wide array of new uses within an area where T4 -R zoning classification is well established. In addition the density will increase from 36 to 65 DU/acre. Finding #4: In the surrounding area, there is no T5-0 zoning designation, therefore the request represents an intrusion of a wide array of additional uses permitted in the requested zoning classification. In addition to the aforementioned density increase it is foreseeable an undesirable result, with the possibility to create a domino effect on the adjacent properties to the north. Criteria #5: Miami 21 Code "Sec 7.1.2.8 (g) 5. Limitation on further consideration after rezoning: Whenever the City Commission has rezoned property, the Planning, Zoning and Appeals Board shall not thereafter consider any petition for rezoning of all or any part of the same property for a period of eighteen (18) months from the date of such action". Analysis #5: The Applicant is also requesting a waiver of the successive zoning provisions of Miami 21 Code, to include an 18 -month waiting period, in order to accommodate a single uniform zoning classification of T6-12-0 for the City block as a whole. Even though this is a possibility provided by the Miami 21 Code, there are no explanation nor justifications on the request. There is no analysis or urbanistic argument supporting the intent "to accommodate a single uniform zoning classification for the City block as a File ID#:2730 Page 9 of 10 City ,.. Miami Planning and Zoning Department Division of Land Development whole", which proposes an intrusion of T6-12-0 within T4 -R area in less than 18 months. It is important to note that the applicant is not in control of the whole block. Finding #5: The request is not properly substantiated nor argued for analysis, therefore staff recommends to denial this request. E. COVENANTS: The applicant has voluntarily proffered a Declaration of Restrictive Covenants (DORC) providing that the use shall be restricted and limited for use as Affordable and/or Senior Housing, and Workforce Housing, as defined and limited by Section 1.2, Article 1 of the Miami 21 Zoning Code, as amended, and by any successor Zoning Ordinance of the City, as applicable. Although the intent of the aforementioned DORC is aligned with the Miami 21 principles, as of the date of this report there are several issues to address on the proposal, which originally included other properties not part of this rezoning request. Therefore, the proposed DORC was not considered regarding the conclusion and recommendations provided. F. CONCLUSION: Based on the aforementioned findings described hereon, the compliance with Miami 21 Code and benefit to the immediate neighborhood and city wide, the Planning and Zoning Department considers inappropriate the rezoning of the subject properties from T4 -R to T5-0, and also considers inappropriate the rezoning requested for the subject properties from T6-8-0 to T6-12-0. As a consequence, it is not possible to consider a waiver to allow 18 -month waiting period for successive zoning provisions pursuant to Miami 21 Code. G. RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed rezoning from T4 - R to T5-0, and denial of the rezoning requested for the subject properties from T6-8-0 to T6-12-0. Jacqueline Ellis Chief of Land Development File ID#;2730 Page 10 of 10 EXHIBIT 6W LEGAL DESCRIPTION [Legal description of the Property] 778477 Page 6 of 8 Address: 40 NW 8 Avenue Folio Number#: 01-4138-003-3040 Address: 36 NW 8 Avenue Folio Number#: 01-4138-003-3050 Address: 26 NW 8 Avenue Folio Number#: 01-4138-003-3060 Address: 824 NW 1 Street Folio Number#, 01-4138-003-3070 Address: 826 NW 1 Street Folio Number#: 01-4138-003-3080 Address: 834 NW 1 Street Folio Number#: 014138-0033040 Address: 842 NW 1 Street Folio Number#: 01-4138-003-3100 Address: 852 NW 1 Street Folio Number#: 01-4138-003-3110 Address: 860 NW I Street Folio Number#: 01-4138-003-3120 Address: 868 NW 1 Street 778477 Page 7 of 8 Folio Number#: 01-4138-003-3130 Address: 876 NW 1 Street Folio Number#: 01-4138-003-3150 Address: 29 NW 9 Avenue Folio Number#: 01-4138-003-3140 778477 Page 8 of 8 CS CI MIAMI 21 (EXISTING) FILE ID: 2730 NW 2ND ST w Q U) W FLAGLER ST T6-12-0 SW 1ST ST w Q 00 U) mm N ADDRESSES: 824, 826, 834, 842, 852, 860, 868, 876 NW 1 ST 29 NW9AV&36,40 NW8AV 0 137.5 275 550 Feet CS MIAMI 21 (PROPOSED) FILE ID: 2730 AM: NW 1 ST ST \1 LIM 29 w Q U) NW 2ND ST 852 :.' I■1l1 : W FLAGLER ST T6-12-0 SW 1 ST ST Ulleffeelrej 6-1,2-0 W w Q 00 U) • i � N ADDRESSES: 824, 826, 834, 842, 852, 860, 868, 876 NW 1 ST 29 NW 9 AV & 36, 40 NW 8 AV 0 137.5 275 550 Feet AERIAL FILE ID: 2730 REZONE N ADDRESSES: 824, 826, 834, 842, 852, 860, 868, 876 NW 1 ST 29 NW9AV&36,40 NW8AV 0 137.5 275 550 Feet